Paragraph 1: The nature, amount and exercise of rights

The calculation of the spouse’s full ownership right provided for in articles 757 and 757-1 will be made on a mass made up of all the property existing at the death of her husband to which will be fictitiously joined those which he may have disposed of, either by inter vivos deed or by testamentary deed, in favour of successors, without dispensation of report. The spouse may only exercise his…

Gifts received from the deceased by the surviving spouse are deducted from the latter’s rights in the succession. Where the gifts thus received are less than the rights defined in articles 757 and 757-1, the surviving spouse may claim the remainder, without ever receiving a portion of the property greater than the share defined in Article 1094-1.